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Thematic reports

A/HRC/44/47: Independence of judges and lawyers - Report of the Special Rapporteur on the independence of judges and lawyers

Published

23 March 2020

UN symbol

A/HRC/44/47

Focus

Independence of judges and lawyers

Summary

In this report, the Special Rapporteur sets out to supplement his previous reports on the impact of corruption on the independence and impartiality of members of the judiciary by analysing the specific influence of corruption on public prosecution services and on the effective enjoyment of human rights.

Prosecutors, as guarantors of the justice system, have a responsibility to ensure respect for the rule of law based on the obligation to respect, protect and uphold established human rights. Therefore, irrespective of the organizational model adopted by prosecution services, combating corruption must be among the top priorities of every such service in the world.

In this regard, the United Nations Guidelines on the Role of Prosecutors and the United Nations Convention against Corruption serve as the fundamental reference frameworks on which prosecution services should base their efforts to combat corruption and address its impact on human rights.

In the report, the Special Rapporteur presents the current state of affairs and describes the role of public prosecution services in the fight against corruption. He goes on to emphasize the importance of effective international cooperation in achieving the set objectives. The report also highlights a number of good practices and ongoing challenges for prosecution services in respect of cooperation and the fight against corruption.

Lastly, in the light of relevant international standards and the contributions of States and professional and civil society organizations, the Special Rapporteur makes a number of normative, institutional and operational recommendations that will provide the necessary tools to tackle the issue of corruption.

Issued By:

Special Rapporteur on the independence of judges and lawyers

Delivered To:

the Human Rights Council at its 44th session